HOMICIDE BY A MOTOR VEHICLE (MISDEMEANOR)

G.L. c. 90 § 24G[b]

• A defendant is charged with felony homicide by a motor vehicle when he or she operates a motor vehicle in a public place while under the influence, resulting in the death of another person.  To find the defendant guilty the Commonwealth must prove four elements, beyond a reasonable doubt:
  • (1) That the defendant operated a motor vehicle;
  • (2) That he or she operated it in a place where the public had a right of access or in a place where members of the public have access as invitees or licensees;
  • (3) That while the defendant was operating the vehicle, he or she had a percentage, by weight, of alcohol in his or her blood of .08% or greater, or was under the influence of drugs; or was operating the vehicle in a reckless manner; or was operating the vehicle in a negligence manner so as to endanger the lives and safety of the public; and
  • (4) That the defendant’s actions caused the death of another person
• Practice Notes
  • See Commonwealth v. Jones, stating that the statutory branches (operating under the influence, negligently, recklessly, or with the .08% blood alcohol level) are disjunctive, independent grounds for conviction of misdemeanor vehicular homicide